A Look at Employment Discrimination Laws

Posted on Feb 20, 2015 1:40pm PST

Employees and prospective employees are protected from discriminatory actions
taken by employers and co-workers. These protections are guaranteed by
state laws such as California's Fair Employment and Housing Act, and
federal laws such as the Federal Civil Rights Act of 1991. Any employee
has the right to consult an
employment lawyerif he or she feels that a discriminatory action has taken place. A labor
law attorney near San Jose can help you understand the applicable laws,
investigate your case, and provide guidance with regard to your legal options.

Basis for DiscriminationThe U.S. Equal Employment Opportunity Commission (EEOC) enforces employment
law, which prohibits discrimination on the basis of a wide range of characteristics.
For instance, it is prohibited for an employer to discriminate against
an employee on the basis of age, disability, or national origin. Likewise,
discrimination on the basis of genetic information, race, color, religion,
sex, and pregnancy is also illegal. If you're unsure of whether a
behavior you've experienced falls into one of these categories, consult
your employment lawyer.

Equal Pay for Equal WorkAnother aspect of employment discrimination laws involves equal pay for equal work. Under the Equal Pay Act, men and women who work within the same company
and carry out equal work must receive equal pay. Equal pay involves salary,
bonuses, stock options, overtime pay, life insurance, travel reimbursement,
and all other forms of financial compensation. Equal work is not necessarily
defined by a person's job title, but rather by the job responsibilities.
For example, if Joan is a secretary to an executive at a company and John
is an executive assistant at the same company, and both individuals carry
out substantially similar job responsibilities, then it would be a violation
of the Equal Pay Act for Joan to receive less compensation than John.

Retaliatory Actions for ClaimsUnder employment law, it is illegal for an employer to take retaliatory
action against an employee who has filed a claim of discrimination or
who has reported discrimination. Some examples of illegal acts of retaliation
include wrongful termination, demotions, harassment, and refusal to promote.